immunity

The Mirror, Vol. 13, No. 601

“Announcing to overcome a stalemate, after there had been discussions about how to prevent corruption at the Khmer Rouge Tribunal, officials of the United Nations and of Cambodia announced, on Monday [23 February 2009], a complicated program to solve complaints about irregularities which will provide equal responsibility for the international and for the Cambodian sides at this tribunal.

“Speaking to journalists at the Council of Ministers on Monday evening, the Minister of the Council of Ministers, Mr. Sok An, and the Assistant Secretary-General for Legal Affairs of the United Nations, Mr. Peter Taksøe-Jensen, believe that this new system will motivate donors to continue to provide funds to the Cambodian side of this tribunal, which will face a new financial crisis in a few months. Mr. Sok An told reporters, ‘I think that mutual understanding is the best basis for the administration of this tribunal to move ahead, and also the court will move ahead.’ He added that mutual understanding is important for a successful work of this joint process… Working together in this joint process will clear up all problems. Mr. Peter Taksøe-Jensen told reporters that he believed that this agreement will, finally, bring the discussion about corruption allegations over kickbacks to an end, which had emerged from the tribunal since it was about to begin, and which has caused some donors to halt funds. Mr. Peter Taksøe-Jensen continued to say that it is an important step in our joint efforts to deal with corruption problems, adding, ‘I think that the agreement that we have will be accepted positively by donor countries.’

“However, the new anti-corruption program suggested seems to be less than what UN officials sought during an unsuccessful discussion with the government in January. Early this month, Cambodian administrators said that during a private discussion in January, the UN officials suggested the creation of a large anti-corruption program for both sides at this tribunal, and for international independent code-of-conduct observers, to be placed into the existing Code-of-Conduct Committee and into the Extraordinary Chambers at this tribunal. Anyway, the program announced in the joint statement on Monday will include anti-corruption measures that cannot affect procedures that have already become valid at the Cambodian side in this tribunal, and it relates to the UN side, which had created its related mechanism, where there is only one person to receive complaints. After that, complaints from the Cambodian side or from the international side at this tribunal will be sent to a committee with an equal number of members of Cambodian and UN officials, which require to be composed of several members, or at least some agreement between both sides is necessary to take any action.

“The joint statement released on Monday did not clearly show how this new system can prevent similar events like during the previous years, when a number of Cambodian officials disagreed with the arrangements in the administration of this tribunal and informed UN officials about kickback corruption, which was then rechecked in New York by the Office of Internal Oversight Services. The findings of this inspection conducted by the United Nations were not made public, but it had been reported that there was a request to investigate corruption related to the payment of kickbacks to get employment at the tribunal.

“An observer of the Open Justice Initiative, Ms. Heather Ryan, said on Monday that her organization was disappointed with the results of Monday, adding that the Open Justice Initiative believes that the agreement mentioned does not talk about corruption allegations, and it is a step back in that whole effort. She went on to say, ‘We are concerned that the United Nations might make a very low level definition because of obstacles raised by Cambodia for the future joint efforts of an independent court.’

“The legal assistant of the defense lawyers of former Khmer Rouge leader Nuon Chea, Mr. Andrew Ianuzzi, who has asked Cambodian court authorities to investigation allegations about kickbacks received at this tribunal, said that he met with Mr. Peter Taksøe-Jensen, but they rejected to comment about what they discussed.

“According to the statement of Monday, the United Nations and the government both have to release letters in the coming weeks to legalize the agreement, even though details are still being negotiated.” Rasmei Angkor, Vol.16, #1415, 25.2.2009

Newspapers Appearing on the Newsstand:
Wednesday, 25 February 2009

Cheat Khmer, Vol.1, #25, 25.2.2009

• Mr. Hun Sen Warns He Might Dismiss [eight] District Governors and Revoke the License of Cambosix [a betting company, if they are found colluding to allow Khmer people to gamble]
• Hun Sen: Global Witness Has No Authority to Ask Him Anything – He Is Not a Prisoner

Kampuchea Thmey, Vol.8, #1882, 25.2.2009

• To Revoke Sam Rainsy’s Immunity [regarding a violation of election campaigning rules, and charged by the National Election Committee] Is Not Difficult [said Prime Minister Hun Sen]
• Demonstrations Happens Again in Siam [Thailand – between 8,000 and 10,000 anti-government demonstrators support ousted prime minister Thaksin Shinawatra]
• Tamil Tiger Rebels Announces They Are Prepared to Accept a Ceasefire if It Can Be Coordinated by the International Community [Sri Lanka]

Khmer Aphivaot Sethakech, Vol.7, #349, 25.2.2009

• Prime Minister Samdech Hun Sen Reacts Saying that the Global Witness Is a Global Cheating [without responding to any details or refuting the published specific allegations]

Koh Santepheap, Vol.42, #6587, 25.2.2009

• The Khmer Rouge Tribunal Announces a Hearing of “Duch” to Be Held on 20 March 2009
• The Khmer Rouge Tribunal Held a Hearing of [the former minister of Social Affairs] Ieng Thirith while [former deputy prime minister of the Khmer Rouge regime] Ieng Sary Was Referred to Hospital
• [Around 10,000] Red-Shirt Demonstrators Surround the Government House [in Thailand]

Moneaksekar Khmer, Vol.16, #3696, 25.2.2009

• Development Projects in Cambodia Affect the Interests of Thousands of Khmer Families During the Last Three Years

Rasmei Angkor, Vol.16, #1415, 25.2.2009

• The United Nations and the Government Will Break the Stalemate about Corruption at the Tribunal
• The Number of Advisors of the President of the National Assembly [Mr. Heng Samrin] Is More Than 100 in Total [after 28 new advisors were appointed]

Rasmei Kampuchea, Vol.17, #4830, 25.2.2009

• The Permanent Committee of the National Assembly Will Summon a Meeting Regarding the Request to Revoke the Immunity of Mr. Sam Rainsy [on 26 February 2009]
• Samdech Dekchor Calls on Workers Not to Strike Disorderly [not to strike for not important reasons] Which May Lead to Unemployment
• The Cambodian National Council for Women Shows that There Were Many Cases of Human Trafficking [in 2008], but There Was Little Punishment
• The Ministry of Defense Creates a Department of Politics and Foreign Affairs

Samleng Yuvachun Khmer, Vol.16, #3489, 25.2.2009

• 10,000 Soldiers [deployed doing non-military duties] Are Summoned Back to Barracks [by order from the Prime Minister to the commander-in-chief, Mr. Pol Saroeun, removing them from areas of land disputes where they were involved to protect certain economic interests]

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